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S.B. 201 - *SB201* SENATE BILL NO. 201–COMMITTEE ON FINANCE
MARCH 2, 2015 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing smoking in certain places. (BDR 15-144) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to smoking; revising provisions governing smoking in certain places; defining certain terms relating to smoking; prohibiting the use of electronic smoking devices in certain places; and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
1 The Nevada Clean Indoor Air Act, which is currently codified as NRS 2 202.2483, was proposed by an initiative petition and approved by the voters at the 3 2006 General Election. The Act generally prohibits smoking tobacco within indoor 4 places of employment, within school buildings and on school property, but allows 5 smoking tobacco in certain other areas or establishments. (NRS 202.2483) Existing 6 law also imposes various restrictions on the use, sale and distribution of tobacco in 7 certain places. (NRS 202.2485-202.2497) Section 2 of this bill defines the terms 8 “electronic smoking device” and “smoking” for purposes of prohibiting the use of 9 such devices in any location where smoking tobacco is currently prohibited by law. 10 Existing law provides that a person who lights a pipe, cigar or cigarette, or who 11 enters with a lighted pipe, cigar or cigarette, in any mill or other building where it is 12 posted that no smoking is allowed in such a building is guilty of a misdemeanor. 13 (NRS 475.050) Section 6 of this bill revises the provisions of this crime to include 14 the definitions of electronic smoking device and smoking as defined in section 2. – 2 – -
*SB201* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. NRS 202.2483 is hereby amended to read as 2 follows: 3 202.2483 1. Except as otherwise provided in subsection 3, 4 smoking [tobacco in any form] is prohibited within indoor places of 5 employment including, but not limited to, the following: 6 (a) Child care facilities; 7 (b) Movie theatres; 8 (c) Video arcades; 9 (d) Government buildings and public places; 10 (e) Malls and retail establishments; 11 (f) All areas of grocery stores; and 12 (g) All indoor areas within restaurants. 13 2. Without exception, smoking [tobacco in any form] is 14 prohibited within school buildings and on school property. 15 3. Smoking [tobacco] is not prohibited in: 16 (a) Areas within casinos where loitering by minors is already 17 prohibited by state law pursuant to NRS 463.350; 18 (b) Completely enclosed areas with stand-alone bars, taverns 19 and saloons in which patrons under 21 years of age are prohibited 20 from entering; 21 (c) Age-restricted stand-alone bars, taverns and saloons; 22 (d) Strip clubs or brothels; 23 (e) Retail tobacco stores; 24 (f) The area of a convention facility in which a meeting or trade 25 show is being held, during the time the meeting or trade show is 26 occurring, if the meeting or trade show: 27 (1) Is not open to the public; 28 (2) Is being produced or organized by a business relating to 29 tobacco or a professional association for convenience stores; and 30 (3) Involves the display of tobacco products; and 31 (g) Private residences, including private residences which may 32 serve as an office workplace, except if used as a child care, an adult 33 day care or a health care facility. 34 4. A supervisor on duty or employee of an age-restricted stand- 35 alone bar, tavern or saloon or a stand-alone bar, tavern or saloon 36 shall not allow a person who is under 21 years of age to loiter in an 37 age-restricted stand-alone bar, tavern or saloon or an area of a stand- 38 alone bar, tavern or saloon where smoking is allowed pursuant to 39 this section. A person who violates the provisions of this subsection 40 is guilty of a misdemeanor. 41 5. If a supervisor on duty or employee of an age-restricted 42 stand-alone bar, tavern or saloon or a stand-alone bar, tavern or – 3 – -
1 saloon violates the provisions of subsection 4, the age-restricted 2 stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon 3 is liable for a civil penalty of: 4 (a) For the first offense, $1,000. 5 (b) For a second or subsequent offense, $2,000. 6 6. In any prosecution or other proceeding for a violation of the 7 provisions of subsection 4 or 5, it is no excuse for a supervisor, 8 employee, age-restricted bar, tavern or saloon, or stand-alone bar, 9 tavern or saloon alleged to have committed the violation to plead 10 that a supervisor or employee believed that the person who was 11 permitted to loiter was 21 years of age or older. 12 7. In areas or establishments where smoking is not prohibited 13 by this section, nothing in state law shall be construed to prohibit 14 the owners of said establishments from voluntarily creating 15 nonsmoking sections or designating the entire establishment as 16 smoke free. 17 8. Nothing in state law shall be construed to restrict local 18 control or otherwise prohibit a county, city or town from adopting 19 and enforcing local [tobacco] smoking control measures that meet 20 or exceed the minimum applicable standards set forth in this section. 21 9. “No Smoking” signs or the international “No Smoking” 22 symbol shall be clearly and conspicuously posted in every public 23 place and place of employment where smoking is prohibited by this 24 section. Each public place and place of employment where smoking 25 is prohibited shall post, at every entrance, a conspicuous sign clearly 26 stating that smoking is prohibited. All ashtrays and other smoking 27 paraphernalia shall be removed from any area where smoking is 28 prohibited. 29 10. Health authorities, police officers of cities or towns, 30 sheriffs and their deputies shall, within their respective jurisdictions, 31 enforce the provisions of this section and shall issue citations for 32 violations of this section pursuant to NRS 202.2492 and 202.24925. 33 11. No person or employer shall retaliate against an employee, 34 applicant or customer for exercising any rights afforded by, or 35 attempts to prosecute a violation of, this section. 36 12. For the purposes of this section, the following terms have 37 the following definitions: 38 (a) “Age-restricted stand-alone bar, tavern or saloon” means an 39 establishment: 40 (1) Devoted primarily to the sale of alcoholic beverages to be 41 consumed on the premises; 42 (2) In which food service or sales may or may not be 43 incidental food service or sales, in the discretion of the operator of 44 the establishment; – 4 – -
1 (3) In which patrons under 21 years of age are prohibited at 2 all times from entering the premises; and 3 (4) That must be located within: 4 (I) A physically independent building that does not share 5 a common entryway or indoor area with a restaurant, public place or 6 any other indoor workplace where smoking is prohibited by this 7 section; or 8 (II) A completely enclosed area of a larger structure, 9 which may include, without limitation, a strip mall or an airport, 10 provided that indoor windows must remain closed at all times and 11 doors must remain closed when not actively in use. 12 (b) “Casino” means an entity that contains a building or large 13 room devoted to gambling games or wagering on a variety of 14 events. A casino must possess a nonrestricted gaming license as 15 described in NRS 463.0177 and typically uses the word ‘casino’ as 16 part of its proper name. 17 (c) “Child care facility” has the meaning ascribed to it in 18 NRS 441A.030. 19 (d) “Completely enclosed area” means an area that is enclosed 20 on all sides by any combination of solid walls, windows or doors 21 that extend from the floor to the ceiling. 22 (e) “Electronic smoking device” has the meaning ascribed to it 23 in NRS 202.2485. 24 (f) “Government building” means any building or office space 25 owned or occupied by: 26 (1) Any component of the Nevada System of Higher 27 Education and used for any purpose related to the System; 28 (2) The State of Nevada and used for any public purpose; or 29 (3) Any county, city, school district or other political 30 subdivision of the State and used for any public purpose. 31 [(f)] (g) “Health authority” has the meaning ascribed to it in 32 NRS 202.2485. 33 [(g)] (h) “Incidental food service or sales” means the service of 34 prepackaged food items including, but not limited to, peanuts, 35 popcorn, chips, pretzels or any other incidental food items that are 36 exempt from food licensing requirements pursuant to subsection 2 37 of NRS 446.870. 38 [(h)] (i) “Place of employment” means any enclosed area under 39 the control of a public or private employer which employees 40 frequent during the course of employment including, but not limited 41 to, work areas, restrooms, hallways, employee lounges, cafeterias, 42 conference and meeting rooms, lobbies and reception areas. 43 [(i)] (j) “Public places” means any enclosed areas to which the 44 public is invited or in which the public is permitted. – 5 – -
1 [(j)] (k) “Restaurant” means a business which gives or offers for 2 sale food, with or without alcoholic beverages, to the public, guests 3 or employees, as well as kitchens and catering facilities in which 4 food is prepared on the premises for serving elsewhere. 5 [(k)] (l) “Retail tobacco store” means a retail store utilized 6 primarily for the sale of tobacco products and accessories and in 7 which the sale of other products is merely incidental. 8 [(l)] (m) “School building” means all buildings on the grounds 9 of any public school described in NRS 388.020 and any private 10 school as defined in NRS 394.103. 11 [(m)] (n) “School property” means the grounds of any public 12 school described in NRS 388.020 and any private school as defined 13 in NRS 394.103. 14 [(n)] (o) “Smoking” has the meaning ascribed to it in 15 NRS 202.2485. 16 (p) “Stand-alone bar, tavern or saloon” means an establishment: 17 (1) Devoted primarily to the sale of alcoholic beverages to be 18 consumed on the premises; 19 (2) In which food service or sales may or may not be 20 incidental food service or sales, in the discretion of the operator of 21 the establishment; 22 (3) In which smoke from such establishments does not 23 infiltrate into areas where smoking is prohibited under the 24 provisions of this section; and 25 (4) That must be housed in either: 26 (I) A physically independent building that does not share 27 a common entryway or indoor area with a restaurant, public place or 28 any other indoor workplaces where smoking is prohibited by this 29 section; or 30 (II) A completely enclosed area of a larger structure, such 31 as a strip mall or an airport, provided that indoor windows must 32 remain shut at all times and doors must remain closed when not 33 actively in use. 34 [(o)] (q) “Video arcade” has the meaning ascribed to it in 35 paragraph (d) of subsection 3 of NRS 453.3345. 36 13. Any statute or regulation inconsistent with this section is 37 null and void. 38 14. The provisions of this section are severable. If any 39 provision of this section or the application thereof is declared by a 40 court of competent jurisdiction to be invalid or unconstitutional, 41 such declaration shall not affect the validity of the section as a 42 whole or any provision thereof other than the part declared to be 43 invalid or unconstitutional. 44 Sec. 2. NRS 202.2485 is hereby amended to read as follows: 45 202.2485 As used in NRS 202.2485 to 202.2497, inclusive: – 6 – - *SB201* 1 1. “Distribute” includes furnishing, giving away or providing 2 products made or derived from tobacco or samples thereof at no cost 3 to promote the product, whether or not in combination with a sale. 4 2. “Electronic smoking device”: 5 (a) Means any product containing or delivering nicotine, a 6 product made or derived from tobacco or any other substance 7 intended for human consumption that can be used by a person to 8 simulate smoking in the delivery of nicotine or any other 9 substance through inhalation of vapor or aerosol from the 10 product. 11 (b) Includes any component part of a product described in 12 paragraph (a), regardless of whether the component part is sold 13 separately. 14 (c) Does not include any product regulated by the United 15 States Food and Drug Administration pursuant to Chapter V of 16 the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et 17 seq. 18 3. “Health authority” means the district health officer in a 19 district, or his or her designee, or, if none, the Chief Medical 20 Officer, or his or her designee. 21 [3.] 4. “Product made or derived from tobacco” does not 22 include any product regulated by the United States Food and Drug 23 Administration pursuant to Chapter V of the Federal Food, Drug, 24 and Cosmetic Act, 21 U.S.C. §§ 351 et seq. 25 5. “Smoking” means inhaling, exhaling, burning or carrying 26 any lighted or heated cigar, cigarette or pipe or any other lighted 27 or heated tobacco, product made or derived from tobacco or plant 28 product intended for inhalation, in any manner or form. The term 29 includes the use of any electronic smoking device which creates a 30 vapor, in any manner or form, or the use of any oral smoking 31 device for the purpose of circumventing a prohibition against 32 smoking. 33 Sec. 3. NRS 202.249 is hereby amended to read as follows: 34 202.249 1. It is the public policy of the State of Nevada and 35 the purpose of NRS 202.2491, 202.24915 and 202.2492 to place 36 restrictions on [the] smoking [of tobacco] in public places to protect 37 human health and safety. 38 2. The quality of air is declared to be affected with the public 39 interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in 40 the exercise of the police power of this state to protect the health, 41 peace, safety and general welfare of its people. 42 3. Health authorities, police officers of cities or towns, sheriffs 43 and their deputies and other peace officers of this state shall, within 44 their respective jurisdictions, enforce the provisions of NRS 45 202.2491, 202.24915 and 202.2492. Police officers of cities or – 7 – -
1 towns, sheriffs and their deputies and other peace officers of this 2 state shall, within their respective jurisdictions, enforce the 3 provisions of NRS 202.2493, 202.24935 and 202.2494. 4 4. Except as otherwise provided in subsection 5, an agency, 5 board, commission or political subdivision of this state, including, 6 without limitation, any agency, board, commission or governing 7 body of a local government, shall not impose more stringent 8 restrictions on [the] smoking [,] or the use, sale, distribution, 9 marketing, display or promotion of tobacco or products made or 10 derived from tobacco than are provided by NRS 202.2491, 11 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494. 12 5. A school district may, with respect to the property, 13 buildings, facilities and vehicles of the school district, impose more 14 stringent restrictions on [the] smoking [,] or the use, sale, 15 distribution, marketing, display or promotion of tobacco or products 16 made or derived from tobacco than are provided by NRS 202.2491, 17 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494. 18 Sec. 4. NRS 202.2491 is hereby amended to read as follows: 19 202.2491 1. Except as otherwise provided in subsections 5 20 and 6 and NRS 202.24915, [the] smoking [of tobacco in any form] 21 is prohibited if done in any: 22 (a) Public elevator. 23 (b) Public building. 24 (c) Public waiting room, lobby or hallway of any: 25 (1) Medical facility or facility for the dependent as defined in 26 chapter 449 of NRS; or 27 (2) Office of any chiropractor, dentist, physical therapist, 28 physician, podiatric physician, psychologist, optician, optometrist or 29 doctor of Oriental medicine. 30 (d) Hotel or motel when so designated by the operator thereof. 31 (e) Public area of a store principally devoted to the sale of food 32 for human consumption off the premises. 33 (f) Child care facility. 34 (g) Bus used by the general public, other than a chartered bus, or 35 in any maintenance facility or office associated with a bus system 36 operated by any regional transportation commission. 37 (h) School bus. 38 (i) Video arcade. 39 2. The person in control of an area listed in paragraph (c), (d), 40 (e) or (g) of subsection 1: 41 (a) Shall post in the area signs prohibiting smoking in any place 42 not designated for that purpose as provided in paragraph (b). 43 (b) May designate separate rooms or portions of the area which 44 may be used for smoking, except for a room or portion of the area of – 8 – -
1 a store described in paragraph (e) of subsection 1 if the room or 2 portion of the area: 3 (1) Is leased to or operated by a person licensed pursuant to 4 NRS 463.160; and 5 (2) Does not otherwise qualify for an exemption set forth in 6 NRS 202.24915. 7 3. The person in control of a public building: 8 (a) Shall post in the area signs prohibiting smoking in any place 9 not designated for that purpose as provided in paragraph (b). 10 (b) Shall, except as otherwise provided in this subsection, 11 designate a separate area which may be used for smoking. 12 ¬ A school district which prohibits [the use of tobacco] smoking by 13 pupils need not designate an area which may be used by the pupils 14 to smoke. 15 4. The operator of a restaurant with a seating capacity of 50 or 16 more shall maintain a flexible nonsmoking area within the restaurant 17 and offer each patron the opportunity to be seated in a smoking or 18 nonsmoking area. 19 5. A business which derives more than 50 percent of its gross 20 receipts from the sale of alcoholic beverages or 50 percent of its 21 gross receipts from gaming operations may be designated as a 22 smoking area in its entirety by the operator of the business. 23 6. [The smoking of tobacco] Smoking is not prohibited in: 24 (a) Any room or area designated for smoking pursuant to 25 paragraph (b) of subsection 2 or paragraph (b) of subsection 3. 26 (b) A licensed gaming establishment. A licensed gaming 27 establishment may designate separate rooms or areas within the 28 establishment which may or may not be used for smoking. 29 7. As used in this section: 30 (a) “Child care facility” means an establishment operated and 31 maintained to furnish care on a temporary or permanent basis, 32 during the day or overnight, to five or more children under 18 years 33 of age, if compensation is received for the care of any of those 34 children. The term does not include the home of a natural person 35 who provides child care. 36 (b) “Licensed gaming establishment” has the meaning ascribed 37 to it in NRS 463.0169. 38 (c) “Public building” means any building or office space owned 39 or occupied by: 40 (1) Any component of the Nevada System of Higher 41 Education and used for any purpose related to the System. 42 (2) The State of Nevada and used for any public purpose, 43 other than that used by the Department of Corrections to house or 44 provide other services to offenders. – 9 – - *SB201* 1 (3) Any county, city, school district or other political 2 subdivision of the State and used for any public purpose. 3 ¬ If only part of a building is owned or occupied by an entity 4 described in this paragraph, the term means only that portion of the 5 building which is so owned or occupied. 6 (d) “School bus” has the meaning ascribed to it in NRS 483.160. 7 (e) “Video arcade” means a facility legally accessible to persons 8 under 18 years of age which is intended primarily for the use of 9 pinball and video machines for amusement and which contains a 10 minimum of 10 such machines. 11 Sec. 5. NRS 202.24915 is hereby amended to read as follows: 12 202.24915 1. A store that is principally devoted to the sale of 13 food for human consumption off the premises may allow [the] 14 smoking [of tobacco] in a public area of the store that is leased to or 15 operated by a person who is licensed pursuant to NRS 463.160 if: 16 (a) The entire interior public area of the store is 10,000 square 17 feet or less; or 18 (b) The area: 19 (1) Is segregated from the other public areas of the store by 20 two or more walls or partial walls, or any combination thereof, in a 21 configuration that includes at least one corner; and 22 (2) Contains a method of ventilation which substantially 23 removes smoke from the area. 24 2. Except as otherwise provided in subsection 3, until 25 January 1, 2007, a store that is principally devoted to the sale of 26 food for human consumption off the premises may allow [the] 27 smoking [of tobacco] in a public area of the store that is leased to or 28 operated by a person who is licensed pursuant to NRS 463.160 if the 29 store was constructed before October 1, 1999, or received final 30 approval for construction before October 1, 1999. On or after 31 January 1, 2007, such a store may allow smoking in that public area 32 only if the area contains a method of ventilation which substantially 33 removes smoke from the area. 34 3. If at any time before January 1, 2007, a store described in 35 subsection 2 remodels 25 percent or more of the square footage of 36 the entire public area within the store, the store may continue to 37 allow [the] smoking [of tobacco] in a public area of the store that is 38 leased to or operated by a person who is licensed pursuant to NRS 39 463.160 only if the store includes as part of the remodeling a 40 method of ventilation which substantially removes smoke from the 41 area. 42 4. For the purposes of this section, “partial wall” or “wall” may 43 include, without limitation, one or more gaming devices, as defined 44 in NRS 463.0155, if the gaming devices are configured together or – 10 – -
1 in conjunction with other structures to create a barrier that is similar 2 to a partial wall or wall. 3 Sec. 6. NRS 475.050 is hereby amended to read as follows: 4 475.050 1. Every person who [lights a pipe, cigar or cigarette 5 in, or who enters with a lighted pipe, cigar or cigarette,] engages in 6 smoking in any mill or other building on which is posted in a 7 conspicuous place over and near each principal entrance a notice in 8 plain, legible characters stating that no smoking is allowed in such 9 building is guilty of a misdemeanor. 10 2. As used in this section, “smoking” has the meaning 11 ascribed to it in NRS 202.2485.